Posted: 7/3/2013 11:35:55 AM EDT
| A friend of mine says that police can arrest you, and hold you 24 hrs, then release you, never charging you with anything, with no repercussions. Is this true? |
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A friend of mine says that police can arrest you, and hold you 24 hrs, then release you, never charging you with anything, with no repercussions. Is this true? Nope, it's 48 hours. Basically the police don't actually "charge you with anything". A prosecutor's office charges you. A judge must appear you within 48 hours to determine whether or not there is probable cause to continue with the process. If the judge finds probable cause then bond is assessed. If it is determined probable cause does not exist you must be released. If they fail to appear you in person or by way of an affidavit within 48 hours of arrest you must be released. If that happens there are no "charges" presented to the court. The case is dead. It can be brought against you later in a separate process but as for that action it's dead. |
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A friend of mine says that police can arrest you, and hold you 24 hrs, then release you, never charging you with anything, with no repercussions. Is this true? Nope, it's 48 hours. Basically the police don't actually "charge you with anything". A prosecutor's office charges you. A judge must appear you within 48 hours to determine whether or not there is probable cause to continue with the process. If the judge finds probable cause then bond is assessed. If it is determined probable cause does not exist you must be released. If they fail to appear you in person or by way of an affidavit within 48 hours of arrest you must be released. Yeah I meant the Police dont have to say why they are arresting you. |
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An arrest requires probable cause. Charges must be filed within 48 hrs. (generally speaking) or the suspect must be released. Can they take you in without arresting you? Do they have to say why they are arresting you? Nope, they drive solid black vans and wear masks and yank you off the street. |
| I have several family & friends in LE including a District Court Judge, IA, Sergeant, Tactical Unit, etc. Some sound advise if you're ever placed under arrest. Even if you're 110% innocent of probable cause accusation(s) KEEP YOUR MOUTH SHUT. Allow them read you your Miranda Rights - confirm you understand, they'll ask you some questions. Tell them they have to talk to your attorney and shut your pie hole. |
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I have several family & friends in LE including a District Court Judge, IA, Sergeant, Tactical Unit, etc. Some sound advise if you're ever placed under arrest. Even if you're 110% innocent of probable cause accusation(s) KEEP YOUR MOUTH SHUT. Allow them read you your Miranda Rights - confirm you understand, they'll ask you some questions. Tell them they have to talk to your attorney and shut your pie hole. And hide the dawg...... |
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I have several family & friends in LE including a District Court Judge, IA, Sergeant, Tactical Unit, etc. Some sound advise if you're ever placed under arrest. Even if you're 110% innocent of probable cause accusation(s) KEEP YOUR MOUTH SHUT. Allow them read you your Miranda Rights - confirm you understand, they'll ask you some questions. Tell them they have to talk to your attorney and shut your pie hole. True. NEVER EVER talk to police....never cooperate with any investigation in any way you are not absolutely required to.....always stay quiet. MAKE them prove it and build their OWN case. DO NOT HELP!!!!!! |
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I have several family & friends in LE including a District Court Judge, IA, Sergeant, Tactical Unit, etc. Some sound advise if you're ever placed under arrest. Even if you're 110% innocent of probable cause accusation(s) KEEP YOUR MOUTH SHUT. Allow them read you your Miranda Rights - confirm you understand, they'll ask you some questions. Tell them they have to talk to your attorney and shut your pie hole. And hide the dawg...... At that point, it is a little late for dog hiding... |
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I can only speak for MN law, but I suspect most states are similar. Here is how it works:
When you are arrested, the police can issue you a citation ( ticket) and release you. Or you can be taken into custody (arrested). Naturally what happens is determined by the alleged crime. If you are arrested, contrary to popular belief the police do not "charge" you. They submit paperwork to the county, city or district attorney's office for charging. A judicial determination of probable cause must be signed by a judge within 48hr of arrest. This time starts the minute you are arrested and runs for 48hrs. If no probable cause hold is applied for or the judge does not find probable cause for continued detention, you must be released from custody. You may however be charged at a later date, sometimes by mail or you may be re arrested. If probable cause is found, the judge may levy a bail or you may be held without bail for your next court date. If you are held, you MUST be brought before the court within 36hrs of arrest. Unlike the 48hr rule, the 36 hr rule does not include the day of arrest, Sundays or holidays. Basically the 48hr rule covers the paperwork aspect and the 36hr rule covers the habeas corpus. |